The following article provides guidance as to when foreign
licensed attorneys are permitted to represent clients before the
Department of Homeland Security (hereafter referred to as
"DHS"). Changes that will go into effect
on November 1, 2009 will
seriously hinder the ability of Canadian
attorneys to represent clients in immigration
matters before DHS.
The Code of Federal Regulations (hereafter referred to as
"CFR"), in addition to the recently
amended DHS attorney representation forms (hereinafter referred to
as "G-28" or
"G-28I" and the Immigration and
Nationality Act (hereinafter referred to as
"INA"), provide the legal basis for this
8 C.F.R. § 292.1, the general rule concerning
representation by foreign attorneys, states:
(6) Attorneys outside the United States. An attorney
other than one described in §1.1(f) of this chapter who is
licensed to practice law and is in good standing in a court of
general jurisdiction of the country in which he/she resides and who
is engaged in such practice. Provided that he/she represents
persons only in matters outside the geographical confines of the
United States as defined in section 101(a)(38) of the Act, and that
the Service official before whom he/she wishes to appear allows
such representation as a matter of discretion.
Moreover, the instructions to Form G-28 specifically state:
Attorneys admitted to the practice of law in countries other
than the United States must use Form G-28I and may only represent
individuals in matters filed in DHS offices outside of the
geographical confines of the United States."
Also, the instructions to Form G-28I specifically state:
This form may not be filed with matters in offices within the
Finally INA § 101(a)(38) mentions:
The term "United States", except otherwise
specifically herein provided, when used in a geographical sense,
means the continental United States, Alaska, Hawaii, Puerto Rico,
Guam, and the Virgin Islands of the United States.
According to the above, foreign licensed attorneys are
prohibited from using Form G-28 and can only represent clients in
matters outside the geographical confines of the
United States by completing Form G-28I. More specifically, the
G-28I form is to be used in proceedings conducted outside the
geographical confines of the United States by an attorney who is
licensed to practice law "and is in good standing in a court
of general jurisdiction of the country in which he or she resides
and who is engaged in such practice of law, and with the permission
of the DHS official before whom he or she seeks to
Consequently, Canadian attorneys may not represent
clients at any DHS office located in the United
States which would include any United States Citizenship and
Immigration Services offices and any United States Customs and
Border Protection land border ports located within the geographic
confines of the United States including the continental United
States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands
of the United States.
Conversely, pursuant to the same authority, Canadian
attorneys may utilize Form G-28I to represent clients outside of
the United States, including at any DHS office located outside of
the United States which would include any United States Preflight
Inspection Station or United States Citizenship and Immigration
Service office located in any United States Consulate, since all
are located geographically outside of the United States.
About Ogilvy Renault
Ogilvy Renault LLP is a full-service law firm with close to 450
lawyers and patent and trade-mark agents practicing in the areas of
business, litigation, intellectual property, and employment and
labour. Ogilvy Renault has offices in Montréal, Ottawa,
Québec, Toronto, and London (England), and serves some of
the largest and most successful corporations in Canada and in more
than 120 countries worldwide. Find out more at
Voted best law firm in Canada two years in a row.
2008 and 2009 International Legal Alliance Summit & Awards.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
October 19th, 2016 - Immigration authorities conducted the 22nd round of invitations under Express Entry in 2016 and 45th overall, inviting 1804 applicants for permanent residence, the largest number ever. The lowest CRS score was 475, a decline from the previous draw.
September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
A unique feature of the new Canada express entry immigration system is that candidates can improve their comprehensive ranking score while in the express entry pool, without submitting a new application. We review important strategies.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).